[1][2] He then clerked for U.S. Supreme Court Justice Hugo Black for two years.
[2] He practiced for three years with the law firm Coudert Frères in Paris, from 1969 to 1972.
[1] He has written over 50 articles and seven books, including More Essential than Ever: the Fourth Amendment in the Twenty-First Century (2012), The Enemy Within: Intelligence Gathering, Law Enforcement, and Civil Liberties in the Wake of September 11 (2002), and Unwanted Sex: The Culture of Intimidation and the Failure of Law (2000).
[5] He is a Reporter for "Model Penal Code: Sexual Assault and Related Offenses".
[6][7] At the 2016 annual meeting of the American Law Institute its members overwhelmingly rejected a proposal by Schulhofer and fellow reporter Erin Murphy to impose an affirmative consent requirement (to the effect that if the non-initiating sex partner did not actually say yes, then the initiator could be charged with assault) to prove consent was given at each stage of a sexual encounter, in defining sexual assault.